Denton County Assault Lawyer | Varghese Summersett

An assault charge in Denton County can result in jail time, fines up to $10,000, and a permanent criminal record that affects employment, housing, and professional licensing. Texas prosecutors take assault cases seriously, and the consequences depend on the specific charge, whether it involves a family member, and whether weapons or serious injuries are alleged.

At Varghese Summersett, our criminal defense team has secured more than 1,600 dismissals and 800 charge reductions across Texas. We understand the fear and uncertainty you’re experiencing right now. Our Denton County assault lawyers will analyze every aspect of your case, challenge the evidence against you, and work toward the best possible outcome.

What Qualifies as Assault Under Texas Law?

Texas Penal Code § 22.01 defines assault more broadly than many people realize. You don’t have to throw a punch or cause visible injury to face assault charges. Under Texas law, assault occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to another person
• Threatens another person with imminent bodily injury
• Causes physical contact that the person knows or should know the other will find offensive or provocative

That third category surprises many defendants. Pushing someone, spitting on them, or even poking them in the chest can technically constitute assault if the contact was offensive. This broad definition gives prosecutors flexibility in filing charges, which makes having a knowledgeable Denton County assault lawyer on your side essential.

Bodily Injury vs. Serious Bodily Injury

The distinction between bodily injury and serious bodily injury dramatically affects the severity of charges. Bodily injury means physical pain, illness, or any impairment of physical condition. A bruise, a scratch, or even temporary pain qualifies.

Serious bodily injury involves a substantial risk of death, permanent disfigurement, or protracted loss or impairment of any body part or organ. When prosecutors allege serious bodily injury, charges escalate from misdemeanor assault to aggravated assault under Texas Penal Code § 22.02. This elevation can mean the difference between probation and a lengthy prison sentence.

What Are the Different Types of Assault Charges in Texas?

Texas classifies assault offenses across the full spectrum of criminal charges, from Class C misdemeanors to first-degree felonies. The specific charge depends on factors including the severity of injury, the relationship between the parties, whether a weapon was used, and the alleged victim’s occupation.

Assault by Contact (Class C Misdemeanor)

Under Texas Penal Code § 22.01(a)(3), assault by contact occurs when someone intentionally causes physical contact with another person knowing they will find it offensive or provocative. This is the lowest level assault charge in Texas. Despite being a Class C misdemeanor (the same level as a traffic ticket), it still creates a criminal record that can affect employment, housing, and professional licensing.

Penalties include a fine up to $500 with no jail time. However, if the offense involves a family member, household member, or dating partner, it becomes assault family violence, which carries enhanced consequences even at the Class C level.

Assault Causing Bodily Injury (Class A Misdemeanor)

When an assault results in bodily injury (physical pain, illness, or any impairment of physical condition), the charge escalates to a Class A misdemeanor under Texas Penal Code § 22.01(a)(1). This is one of the most common assault charges prosecuted in Denton County’s five misdemeanor courts.

A Class A misdemeanor assault carries penalties of up to one year in county jail and fines up to $4,000. A conviction will appear on background checks and can affect your employment, housing applications, and professional opportunities for years.

Assault Family Violence (Class A Misdemeanor or Higher)

When the alleged victim is a family member, household member, or dating partner, Texas law treats the offense differently. Assault family violence under Texas Penal Code § 22.01(b)(2) carries the same base penalties as other Class A misdemeanors, but the collateral consequences are far more severe.

A family violence finding on your record means you can never have that record expunged or sealed in Texas. You’ll lose your right to possess firearms under federal law. Future allegations involving the same alleged victim can be enhanced to felony charges. If you’re facing a family violence allegation, protecting your record from this finding should be a top priority.

If you have a prior family violence conviction, a subsequent assault family violence charge becomes a third-degree felony punishable by 2 to 10 years in prison. This applies even if the prior conviction was decades ago.

Why Are Family Violence Arrests So Common?

When police respond to a domestic disturbance in Texas, someone is almost always going to jail. This isn’t necessarily because officers believe a serious crime occurred. It’s largely a liability issue. If an officer leaves both parties at the scene and something worse happens later that night, the department faces significant legal exposure. The safest decision for the officer is to make an arrest.

Texas Family Code § 71.006 also requires officers to make an arrest when they have probable cause to believe family violence occurred. “Probable cause” is a low bar. Red marks on skin, raised voices heard by neighbors, or one party’s statement is often enough. Officers don’t need to witness the assault or even determine who the primary aggressor was.

This means many people are arrested for assault bodily injury family member based on minimal evidence and despite the other party insisting nothing happened. Understanding this helps explain why these charges are so aggressively prosecuted and why having an experienced defense attorney matters even when the facts seem to favor you.

Assault Impeding Breath or Circulation (Third-Degree Felony)

Under Texas Penal Code § 22.01(b)(2)(B), an assault that impedes normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth, is automatically a third-degree felony. Often called “strangulation” or “choking” assault, this charge carries 2 to 10 years in prison and fines up to $10,000.

These cases are taken extremely seriously by Denton County prosecutors. The 211th District Court, presided over by Judge Brody Shanklin, specifically handles family violence cases including impeding breath allegations. In our analysis of similar cases in neighboring Tarrant County, the most common bond for this offense was $10,000, with some bonds exceeding $30,000 depending on circumstances.

If you have a prior conviction for assault family member impeding breath or circulation, a second offense becomes a second-degree felony under Texas Penal Code § 22.01(b-3), punishable by 2 to 20 years in prison.

Assault on a Public Servant (Third-Degree Felony)

Assaulting a police officer, firefighter, emergency medical personnel, or other public servant while they’re performing their official duties is a third-degree felony under Texas Penal Code § 22.01(b)(1). This charge is often added when someone is arrested and allegedly makes physical contact with officers during the arrest process.

In one recent case, our attorneys successfully resolved an assault on public servant charge through the Deferred Prosecution Program, allowing our client to avoid a felony conviction entirely. The key was presenting mitigating factors early and negotiating an alternative resolution before formal charges were filed.

If you’re a peace officer or judge charged with assault, the charge becomes a second-degree felony under Texas Penal Code § 22.01(b-2), carrying 2 to 20 years in prison. In our review of bond data, the most common bond for assault peace officer/judge charges was $5,000.

Assault of a Pregnant Person (Third-Degree Felony)

Under Texas Penal Code § 22.01(b)(8), assaulting someone the actor knows is pregnant elevates the offense to a third-degree felony regardless of whether any injury occurred. Prosecutors must prove the defendant knew or should have known about the pregnancy.

Our attorneys recently secured a dismissal in Tarrant County on an assault of a pregnant person charge (Case No. 1869088), demonstrating that these cases can be successfully defended when handled properly.

Assault Against Elderly or Disabled Individual

When the alleged victim is 65 years of age or older, or is a disabled individual, Texas Penal Code § 22.01(c)(1) provides for enhanced penalties. The offense remains a Class A misdemeanor but prosecutors often pursue these cases more aggressively, and judges tend to impose harsher sentences.

If you’re facing an assault charge in Denton County and need to understand your options, schedule a free consultation with our defense team. The sooner you have an attorney protecting your rights, the better position you’ll be in to fight these charges.

What Is Aggravated Assault in Texas?

Aggravated assault under Texas Penal Code § 22.02 occurs when someone commits assault and either causes serious bodily injury or uses or exhibits a deadly weapon. This is a second-degree felony carrying 2 to 20 years in prison and fines up to $10,000.

A “deadly weapon” doesn’t have to be a gun or knife. Under Texas law, anything that can cause death or serious bodily injury in the manner used can be considered a deadly weapon, including vehicles, baseball bats, or even hands and feet in certain circumstances.

In our analysis of bond data from neighboring Tarrant County, aggravated assault with a deadly weapon charges had an average bond of approximately $35,000, with the most common bond set at $10,000. However, bonds can exceed $100,000 in cases involving serious injuries or prior convictions.

Our attorneys secured a dismissal in a recent aggravated assault with deadly weapon case (Case No. 1825757 in Tarrant County), and we’ve achieved similar results in cases where we could challenge the evidence or present compelling mitigating circumstances.

Aggravated Assault Against Family Member (First-Degree Felony)

When aggravated assault is committed against a family member, household member, or dating partner, Texas Penal Code § 22.02(b)(1)(A) elevates the offense to a first-degree felony. This carries 5 to 99 years or life in prison and fines up to $10,000. In our review of bond data, average bonds for this offense exceeded $46,000, with some cases requiring $100,000 or more.

Aggravated Assault Against a Public Servant (First-Degree Felony)

Aggravated assault against a peace officer, firefighter, emergency medical personnel, or other public servant is a first-degree felony under Texas Penal Code § 22.02(b)(2)(B). These cases often arise from confrontations during arrests or traffic stops where weapons are alleged. Bond amounts in these cases average over $100,000.

Intoxication Assault (Third-Degree Felony)

Under Texas Penal Code § 49.07, causing serious bodily injury while operating a vehicle, boat, or aircraft while intoxicated is intoxication assault, a third-degree felony. While technically a DWI-related offense, it’s prosecuted similarly to assault cases and carries 2 to 10 years in prison. In our review of bond data, the most common bond for intoxication assault was $15,000.

Deadly Conduct

Deadly conduct under Texas Penal Code § 22.05 involves recklessly engaging in conduct that places another in imminent danger of serious bodily injury. As a Class A misdemeanor, it carries up to one year in jail. However, if the conduct involves knowingly discharging a firearm at or in the direction of individuals, habitations, buildings, or vehicles, it becomes a third-degree felony.

In one recent Denton County case, our attorneys negotiated a second-degree aggravated assault with deadly weapon charge down to a 24-month sentence on a Class A deadly conduct charge, significantly reducing our client’s exposure to prison time.

Terroristic Threat

While not technically an assault, terroristic threat charges under Texas Penal Code § 22.07 often accompany assault allegations. Threatening to commit violence against another person is a Class B misdemeanor, but the charge enhances to a Class A misdemeanor when made against a family member. It becomes a third-degree felony when made against a public servant or when it causes an emergency reaction. In one juvenile case, our attorneys convinced prosecutors to issue only a supervisory caution for a terroristic threat allegation, avoiding any formal charges.

What Are Typical Bond Amounts for Assault Charges?

After an arrest for assault in Denton County, your first concern is likely getting out of jail. Bond amounts vary significantly depending on the specific charge, your criminal history, and case circumstances. Based on our analysis of bond data from neighboring Tarrant County (Denton County trends are similar), here’s what you can typically expect:

• Assault Causing Bodily Injury (Misdemeanor): Most common bond is $1,000, with an average around $1,800
• Assault Family Violence (Misdemeanor): Most common bond is $1,000, with an average around $2,000
• Assault Impeding Breath/Circulation (Felony): Most common bond is $10,000, with an average around $13,700
• Assault Family Violence with Prior (Felony): Most common bond is $10,000, with an average around $16,500
• Assault on Public Servant (Felony): Most common bond is $5,000, with an average around $9,000
• Aggravated Assault with Deadly Weapon: Most common bond is $10,000, with an average around $35,000
• Continuous Violence Against Family: Most common bond is $5,000, with an average around $13,000

Several factors can increase your bond amount, including prior criminal history, severity of alleged injuries, whether weapons were involved, and concerns about witness intimidation. Having an attorney contact the magistrate or file a bond reduction motion can sometimes result in a lower bond amount.

How Do Denton County Prosecutors Handle Assault Cases?

Understanding local prosecution patterns helps defendants and their attorneys prepare effective defenses. The Denton County District Attorney’s Office and the various city prosecutors throughout the county each have their own approaches to assault cases.

Misdemeanor assault cases filed in Denton, Lewisville, Flower Mound, and other municipalities are initially handled by city prosecutors in municipal courts or by the county attorney in Denton County Criminal Courts. Felony cases go to the Denton County District Attorney’s Office and are heard in district courts.

Denton County prosecutors tend to pursue assault cases aggressively, particularly those involving family violence allegations. Texas law requires mandatory arrest when officers have probable cause to believe family violence occurred, and prosecutors often file charges even when alleged victims want to drop the case. This “no-drop” approach means that once charges are filed, defendants need a strong legal defense regardless of the complaining witness’s wishes.

Family Violence Assault: Enhanced Consequences

Texas treats assault involving family members, household members, or dating partners with particular severity. Beyond enhanced criminal penalties, a family violence finding triggers collateral consequences including:

• Loss of firearm rights under both Texas and federal law
• Potential protective order restrictions
• Immigration consequences for non-citizens
• Negative impacts in family court custody proceedings

An experienced Denton County assault lawyer will fight not only against conviction but also against the family violence finding itself. In some cases, negotiating a plea to a non-family violence offense protects clients from these devastating secondary consequences.

What Are Common Defenses to Assault Charges?

Assault cases often come down to conflicting accounts of what happened. Physical evidence may be limited or ambiguous. Witnesses may be biased or unreliable. These factors create opportunities for effective legal defense.

Self-Defense

Texas Penal Code § 9.31 provides robust self-defense protections. A person is justified in using force against another when they reasonably believe force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force. Texas has no duty to retreat in most situations, meaning you don’t have to run away before defending yourself.

Self-defense claims require showing that your belief in the need for force was reasonable under the circumstances. Your Denton County assault lawyer will investigate the incident, gather evidence of the alleged victim’s actions or threats, and present a compelling case that you acted within your legal rights.

Defense of Others

Similar legal protections apply when you use force to protect another person. If you reasonably believed someone else faced imminent harm and your intervention was necessary, you may have a complete defense to assault charges.

Lack of Intent

Assault requires intentional, knowing, or reckless conduct. Truly accidental contact doesn’t qualify as assault. If you bumped into someone in a crowd, tripped and fell against them, or caused injury through pure accident, your attorney can challenge whether the mental state required for assault existed.

False Accusations

False assault allegations happen more often than many people realize. Bitter divorces, custody disputes, neighbor conflicts, and romantic jealousy all motivate fabricated claims. A thorough investigation can uncover inconsistencies in the accuser’s story, motive to lie, or evidence contradicting their version of events.

Insufficient Evidence

The prosecution bears the burden of proving every element of assault beyond a reasonable doubt. When evidence is weak, contradictory, or missing, an aggressive defense attorney can create reasonable doubt and secure an acquittal.

Don’t try to navigate the criminal justice system alone. If you’ve been charged with any type of assault in Denton County, talk to a lawyer before you speak to police or make any decisions about your case.

Watch: How to Beat Assault Charges in Texas

How Does the Denton County Criminal Court Process Work?

Understanding how your case will move through the Denton County court system helps you know what to expect and allows you to participate meaningfully in your defense.

Arrest and Bond

Most assault arrests in Denton County lead to booking at the Denton County Jail. After arrest, you’ll appear before a magistrate judge (either Robin Ramsay or Stephanie Askew handle magistrate court in Denton County) who will inform you of the charges, set bail, and explain your rights. This typically happens within 24 to 48 hours of arrest.

For family violence cases, magistrates often impose protective order conditions as part of bond, restricting contact with the alleged victim.

Grand Jury (Felony Cases Only)

For felony assault charges, the case must be presented to a grand jury, which decides whether there’s enough evidence to formally charge you (called an “indictment”). The only divisions in Denton County that handle their own grand jury indictments are Family Violence and the Child Advocacy Center (CAC). All other cases go through the Grand Jury/Intake Division. Expect up to six months for an indictment decision in most cases.

This pre-indictment period is critical. Our attorneys often present evidence and arguments to prosecutors during this time that can result in charges being rejected or reduced before they’re ever formally filed.

Misdemeanor Court Proceedings

Denton County has five misdemeanor courts that handle Class A and Class B misdemeanor assault cases:

• Court 1: Judge Lauri Ragland
• Court 2: Judge Susan Piel
• Court 3: Judge Forrest Beadle (also leads Veterans Court)
• Court 4: Judge Chance Oliver
• Court 5: Judge Coby Waddill (handles all felony DWIs)

Every misdemeanor court follows five standard settings: Arraignment, Announcement, Final Announcement, Plea, and Final Plea. Your attorney will appear at each setting, negotiate with prosecutors, and work toward resolving your case favorably.

Felony Court Proceedings

Denton County has 12 District Courts, with six handling criminal matters. Felony assault cases are assigned based on the type of offense:

• 16th District Court: Judge Sherry Shipman
• 158th District Court: Judge Steve Burgess (known as defense friendly)
• 211th District Court: Judge Brody Shanklin (handles family violence cases)
• 362nd District Court: Judge Bruce McFarling
• 367th District Court: Judge Brent Hill (handles sex crimes and CAC cases)
• 462nd District Court: Judge Lee Ann Breading

Felony settings are classified as Arraignment, Announcement, and Plea. All Denton County district courts use paper pass slips for court proceedings.

What Are the Collateral Consequences of an Assault Conviction?

Criminal penalties represent only part of what’s at stake in an assault case. Collateral consequences affect defendants for years after they’ve completed any sentence.

Employment becomes significantly more difficult with an assault conviction on your record. Many employers conduct background checks and reject applicants with violent offense histories.

Professional licenses in healthcare, education, law, and other fields may be denied or revoked. Security clearances become nearly impossible to obtain.

Housing applications often ask about criminal history, and landlords frequently refuse to rent to people with assault convictions.

Education opportunities can be affected, including college admissions and financial aid eligibility.

Immigration consequences for non-citizens range from visa denial to deportation.

Gun rights are lost for life with a family violence assault conviction under federal law. This prohibition lasts unless the conviction is expunged or gun rights are specifically restored.

Can Assault Charges Be Dropped or Reduced?

Alleged victims often ask whether they can “drop charges” against someone they’ve accused of assault. In Texas, the decision to pursue or dismiss charges rests entirely with prosecutors, not victims. However, a complaining witness’s reluctance to cooperate certainly influences how prosecutors evaluate a case.

Charges can be dismissed for various reasons including insufficient evidence, witness credibility problems, successful completion of pretrial diversion programs, or negotiated resolutions. Your attorney’s job is to identify every possible avenue for dismissal or reduction.

Even when dismissal isn’t possible, reducing charges often is. A third-degree felony might become a Class A misdemeanor. A family violence assault might be reduced to a standard assault without the family violence finding. These reductions can mean the difference between prison and probation, between losing gun rights and keeping them.

Case Results: How We’ve Helped Assault Clients

While past results don’t guarantee future outcomes, our track record demonstrates our ability to achieve favorable results in assault cases across Texas.

In a Denton County juvenile case involving engaging in organized crime, evading arrest, and burglary of motor vehicle (Case Nos. JV-2025-00179, JV-2025-00180, JV-2025-00425), our attorneys secured a non-suit on the organized crime charge and negotiated 15 months of probation on the remaining charges, keeping our young client out of detention.

In Collin County, we obtained a complete dismissal of an assault bodily injury charge (Case No. 003-87877-2025) after our client agreed to relinquish their TCOLE license. This resolution allowed our client to avoid a criminal conviction while addressing underlying concerns.

Our attorneys also secured a dismissal of an assault bodily injury family member charge in Parker County (Case No. CCL2-25-0304), protecting our client from the devastating collateral consequences of a family violence finding.

In another case involving continuous family violence and misdemeanor assault in Collin County, we reduced the continuous family violence charge to a Class A assault with no finding, obtained 24 months deferred adjudication with no probation officer, and got the misdemeanor dismissed entirely.

Disclaimer: Past results do not guarantee future outcomes. Every case is different.

What Sets Varghese Summersett Apart?

When you hire our firm to handle your Denton County assault case, you’re getting a team of more than 70 attorneys and legal professionals with offices across Texas. Our team includes former prosecutors who know how the other side thinks and board-certified specialists in criminal law.

From your first free consultation, we’ll explain exactly what you’re facing and what options are available. We’ll investigate the allegations thoroughly, interview witnesses, review evidence, and identify weaknesses in the prosecution’s case. If negotiations are appropriate, we’ll pursue every avenue for dismissal, charge reduction, or diversion programs. If trial is necessary, our attorneys have the courtroom experience to present your strongest defense.

We understand that an assault charge affects every aspect of your life. Your job, your family relationships, your reputation, and your freedom are all at stake. That’s why we fight with everything we have for every client we represent.

Frequently Asked Questions About Denton County Assault Cases

What should I do if I’ve been arrested for assault in Denton County?

Exercise your right to remain silent and request an attorney immediately. Anything you say to police can be used against you, even statements you think are helpful. Bond out of jail as quickly as possible and contact a Denton County assault lawyer before your first court date.

Can assault charges be dropped if the victim doesn’t want to press charges?

In Texas, the alleged victim doesn’t decide whether to “press charges.” Once police are involved, prosecutors make the charging decision. However, an uncooperative victim can make it harder for prosecutors to prove their case, which may lead to dismissal or reduced charges. Texas has “victimless prosecution” policies for family violence cases, meaning prosecutors can proceed even without victim cooperation.

What happens if I’m charged with assault during a divorce or custody dispute?

Assault allegations during family law proceedings require careful handling by both your criminal defense attorney and your family lawyer. A criminal conviction, particularly one with a family violence finding, can significantly impact custody decisions. We coordinate with family law attorneys to ensure your criminal case strategy doesn’t inadvertently harm your family law case.

Can I own a gun if I’m convicted of assault in Texas?

Felony assault convictions result in permanent loss of gun rights under both Texas and federal law. Misdemeanor assault convictions with a family violence finding also result in permanent federal firearms disability. Even deferred adjudication on a family violence offense can trigger federal gun rights restrictions. Protecting your Second Amendment rights is another reason to fight assault charges aggressively.

Is there a diversion program for assault charges in Denton County?

Denton County offers various diversion programs depending on the specific charge and your criminal history. For family violence cases, successful completion of a Battering Intervention and Prevention Program (BIPP) may be required as part of a plea agreement or probation. First-time offenders may be eligible for pre-trial diversion programs that can result in case dismissal. Our attorneys will evaluate whether you qualify for any diversion options.

Can I get assault charges expunged from my record?

If charges are dismissed or you’re acquitted at trial, you’re generally eligible for expunction, which completely erases the arrest from your record. If you receive deferred adjudication probation, you may qualify for non-disclosure, which seals the record from most public access. Convictions are much harder to clear, making avoiding conviction the priority.

Will I go to jail for a first-time assault charge?

First-time misdemeanor assault defendants rarely serve jail time if they have an effective attorney. Probation, deferred adjudication, or dismissal are realistic outcomes for many first offenders. Felony charges carry more risk, but alternatives to incarceration often exist even for serious offenses.

How long does an assault case take in Denton County?

Misdemeanor cases typically resolve within 3 to 6 months, though contested cases can take longer. Felony cases usually take 6 to 18 months due to grand jury proceedings and the complexity of charges. Cases that go to trial can take even longer. Throughout the process, your attorney will keep you informed and work to resolve your case efficiently while protecting your rights.

Protect Your Future. Call a Denton County Assault Lawyer Today.

An assault conviction can derail your career, damage your relationships, and follow you for the rest of your life. You don’t have to face these charges alone. Whether you’re accused of a simple misdemeanor assault or facing serious felony aggravated assault charges, our experienced defense attorneys are ready to fight for you.

We represent clients throughout Denton County, including those arrested by Denton PD, Lewisville PD, Carrollton PD, Flower Mound PD, Frisco PD, The Colony PD, Little Elm PD, and all other law enforcement agencies in the county. No matter where in Denton County your case originated, we can help.

Call (940) 252-2220 today to schedule your free consultation with a Denton County assault lawyer. The sooner you have an attorney on your side, the better your chances of a favorable outcome.